Can wire fraud apply to schemes conducted via email?
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Can Wire Fraud Apply to Email Schemes?
The short answer is yes, wire fraud can totally apply to shady schemes conducted via email. Email is an electronic form of communication that uses the internet, so it can fall under federal wire fraud laws. Let’s break this down…
What is Wire Fraud?
Wire fraud refers to using electronic communications like the phone, internet, or yep, email, to commit fraud. There’s this federal law called the wire fraud statute that makes it illegal to devise a scheme to defraud someone, then use electronic communications to execute that scheme and obtain money or property.
So if someone hatches a sneaky plan to trick people out of money, and they use email to pull it off, that could be wire fraud. There are a few key ingredients that make something wire fraud:
- There’s a plot/scheme to defraud or obtain money under false pretenses
- The plotter intends to defraud someone
- They use email or electronic communications to execute the scheme
- As a result of the scheme, the plotter deprives someone of money or property
If all those elements are present, then yep, wire fraud baby! Those sneaky email schemes can totally count.
Real-World Examples
Okay, but what does wire fraud via email actually look like? Here’s some real shady stuff that has happened:
- Fake invoice scams: Fraudsters send out fake invoices demanding payment for services never rendered. The emails look legit but are totally bogus. If someone pays up because they think the invoice is real, that’s wire fraud![1]
- Business email compromise: Hackers gain access to a business email account and trick the company’s partners/vendors into wiring money to the hacker’s accounts instead of the real company accounts. Super illegal![2]
- Romance scams: Fraudsters strike up online relationships, gain trust, then ask for money for fake emergencies, debts, travel costs, etc. Tugging on heart strings via email to steal money = wire fraud.[3]
- Employment scams: Fake job ads are posted online advertising work-from-home jobs. Applicants are told they need to pay for “training” or “start-up costs”. In reality, the jobs don’t exist. Yep, wire fraud.[4]
As you can see, wire fraud charges can apply to all sorts of schemes conducted via email – fake invoices, hacking, catfishing, false job offers, you name it. If it’s shady and uses email, it could potentially be charged as wire fraud.
Why Use the Wire Fraud Statute?
You might be wondering why prosecutors bother charging email schemes under the wire fraud law. Can’t they just get in trouble for plain ol’ fraud or theft charges?
Well here’s the thing. Wire fraud is a federal offense, while regular fraud or theft often falls under state laws. Wire fraud charges allow federal agencies like the FBI, DOJ, etc. to get involved. It also carries stiffer penalties – up to 20 years per count! So slapping on wire fraud charges raises the stakes and resources dedicated to prosecuting the crime.[5]
Also, the legal definition of wire fraud is super broad. It covers way more scenarios than a basic state fraud or theft law would. Prosecutors can use it to go after schemes that don’t quite fit other fraud statutes. So it gives them more flexibility to pursue shifty email scammers.
What About Defenses and Challenges?
Okay okay, let’s say someone is accused of wire fraud for an email scheme. What defenses can they try to fight the charges?
Well unfortunately, the broad nature of wire fraud laws also makes them harder to challenge. But here are some common defenses accused scammers attempt:
- Lack of intent – Argue that the accused did not actually intend to defraud anyone, it was just a misunderstanding.
- No scheme – Claim there was no actual underlying scheme, the emails reflect normal business activities.
- Honest services – Assert that the emails did not deprive anyone of “honest services” they were owed.
- Jurisdiction – Challenge whether the email communications can be considered “interstate” to fall under federal jurisdiction.
Some accused scammers have managed to beat the charges when there’s lack of evidence of criminal intent. But it’s still an uphill battle thanks to the broad scope of federal wire fraud laws. Lots of shifty schemes can potentially fall under that umbrella.
The Takeaway on Wire Fraud
At the end of the day, those looking to run email schemes should think twice. If there’s evidence you plotted to scam people out of money using email communications, you could very well face wire fraud charges.
And wire fraud ain’t no joke – each count carries up to 20 years in federal prison. Plus hefty fines and restitution to victims. Not worth it if you ask me! Maybe just make an honest living instead of hatching email schemes, ya feel me?
But for real, stay vigilant out there folks. As email scams get more advanced and hackers get sneakier, wire fraud schemes are definitely on the rise. If an email offer seems too good to be true, or someone you meet online asks you to wire money, put your skeptic hat on. Verify who you’re dealing with before you send funds or share personal info. A little caution goes a long way in avoiding email schemes!